Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10378 of 2018 Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Ashutosh Kumar Mishra has filed vakalatnama on behalf of respondent no. 3 which is taken on record.
Heard Sri A.K. Srivastava, learned counsel for the petitioner, Sri A.K. Mishra, learned counsel for the respondent no. 3, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 10.4.2018 registered as case crime no. 188 of 2018 under sections 354, 504, 506 I.P.C. and 7/8 POCSO Act, police station Lodha, District Aligarh.
Learned counsel for the petitioners submits that the petitioner was mercilessly beaten by respondent no. 3 and others for which an F.I.R. was lodged against them from the side of the petitioner for the offence under section 307 I.P.C. etc., hence the same is liable to be quashed by this Court.
Learned counsel for respondent no. 3 and learned A.G.A. opposed the prayer for quashing and submitted that the petitioner was the teacher of the victim, who is daughter of respondent no. 3. He tried to do some obscene act with her on account of which respondent no. 3 has lodged the present F.I.R. It is submitted that the petitioner is the son of the Pradhan but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case and further report at the concerned police station once in a month failing which the interim protection given above shall not be given effect to.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Shiraz